MADAM Hajjah Aisah Haji, 70, will have to leave her home of 38 years after all.
In July last year, she and her 89-year-old mother, Bebe Mohammad, were saved from eviction when the High Court threw out a lawsuit filed by United Overseas Bank (UOB).
But the Court of Appeal yesterday ruled that UOB could seize the bungalow, off Upper Thomson Road.
Madam Hajjah's mother died in August, and th e retired marketing manager is now living in the bungalow by herself.
UOB wants to seize the house because it was used to get a $1 million loan - but not by Madam Hajjah.
The saga began when her adopted sister, then-34-year-old Suzanah Hassan, took the title deed to the house some time before 2000 from their foster mother, who was suffering from senile dementia. In July 2000, after finding the original document missing, Madam Hajjah obtained a replacement title deed on behalf of her mother, rendering the earlier deed void.
However, Madam Suzanah and her husband, Junaidi Johari, 46, managed to use the original deed to get a $1 million mortgage from UOB in October 2000.
Soon after, the bank obtained a judgment ordering Madam Suzanah and her husband to repay the sum - but it has not received a cent, as the duo cannot be found.
It tried to seize the house, but lost in court last year.
Justice Lai Kew Chai then said that there had been 'wilful blindness akin to fraud' on the part of UOB's solicitors because their conveyancing clerk had registered the mortgage using the original certificate of title, which had been cancelled.
Delivering the Court of Appeal's decision yesterday, Chief Justice Chan Sek Keong said that the trial judge had erred when he ordered the mortgage to be set aside.
The Court of Appeal, also comprising Justice Andrew Phang Boon Leong and Justice Woo Bih Li, said that, at worst, it was a case of negligence as neither the bank nor its solicitors had been a party to the fraud.
The property had been wrongly registered because of a mistake by the registry staff.
CJ Chan said that Madam Hajjah could still lodge a claim under the Land Titles Act for loss arising from the mistake of the registry staff.
Clearly disappointed with yesterday's decision, Madam Hajjah said she would be discussing the matter with her lawyers today.
She said: 'I also want to know when I have to move out. I hope they will allow me to stay until the fasting month is over.
'I don't know where to go as the news came out of the blue.'
